22 May 2017

Annexe C - The CPD Regulations

From 6 January 2014 the Bar should refer to a  new Handbook for rules and guidance on their conduct as barristers.

Application

1. These Regulations apply:

(a) to all barristers who have commenced practice on or after 1 October 1997;

(b) from 1 January 2003, to all barristers who were called to the Bar in or after 1990;

(c) from 1 January 2004, to all barristers who were called to the Bar between 1980 and 1989; and

(d) from 1 January 2005, to all barristers who were called to the Bar before 1980.

The Mandatory Continuing Professional Development Requirements

2. For the purpose of these Regulations

(a) "calendar year" means a period of one year commencing on 1 January in the year in question;
(b) the "mandatory requirements" are those set out in paragraphs 3 to 7 below.
(c) a "pupillage year" is any calendar year in which a barrister is at any time a pupil.1

3. Any barrister to whom these Regulations apply and who as at 1 October 2001 had commenced but not completed the period of three years referred to in the Continuing Education Scheme Rules at Annex Q to the Sixth Edition of the Code of Conduct must complete a minimum of 42 hours of continuing professional development during that period.

4. Any barrister to whom these Regulations apply who commences practice on or after 1 October 2001 must during the first three calendar years in which the barrister holds a practising certificate after any pupillage year complete a minimum of 45 hours of continuing professional development.1

5. Any barrister to whom these Regulations apply:

(a) must, if he holds a practising certificate or certicates throughout the whole of any calendar year, complete a minimum of 12 hours of continuing professional development during that period; and

(b) must, if he holds a practising certifcate or certificate for part only of a calendar year, complete one hour of continuing professional development during that calendar year for each month for which he holds a practising certificate.

6. Regulation 5 does not apply:

(a) in the case of a barrister to whom regulation 3 applies, to any calendar year forming or containing part of the period of 3 years referred to in regulation 3; or
(b) in the case of a barrister to whom regulation 4 applies, during any pupillage year or during1 the first three calendar years in which the barrister holds a practising certificate.

7. Any barrister to whom these Regulations apply must submit details of the continuing professional development he has undertaken to the Bar Council in the form prescribed, and at the time specified, by the Bar Council.
 
8. The Bar Council may, by resolution, specify the nature, content and format of courses and other activities which may be undertaken by barristers (or any category of barristers) in order to satisfy the mandatory requirements.

9. The Bar Council may, by resolution and following consultation with the Inns, Circuits and other providers as appropriate, increase the minimum number of hours of continuing professional development which must be completed in order to satisfy any of the mandatory requirements.

Waivers

10. The Bar Council shall have the power in relation to any barrister to waive any or all of the mandatory requirements in whole or in part or to extend the time within which the barrister must complete any of the mandatory requirements.

11. Any application by a barrister to the Bar Council for a waiver of any of the mandatory requirements or to extend the time within which to complete any of the mandatory requirements must be made in writing, setting out all mitigating circumstances relied on and supported by all relevant documentary evidence. 

1Amended 22nd April 2010